Blacks Law Dict. 1st ed

DEFINITIVE

DEFENSIVA

346

purchaser, but not commencing until a date subsequent to the date of buying them, so that, if the purchaser die before that date, the purchase money is lost. Granted by the com missioners for reduction of the national debt. See 16 & 17 Viet. c. 45, § 2. Wharton. DEFERRED STOCK. Stock in a cor poration is sometimes divided into "pre ferred," the holders of which are entitled to a fixed dividend payable out of the net earn ings of the whole stock, and "deferred," the holders of which are entitled to all the resi due of the net earnings after such fixed div idend has been paid to the holders of the preferred stock. Wharton. Deficiente uno sanguine non potest esse hseres. 3 Coke, 41. One blood being wanting, he cannot be heir. But see 3 & 4 Wm. IV. c. 106, § 9, and 33 & 34 Viet. c. 23, §1. DEFICIT. Someting wanting, generally in the accounts of one intrusted with money, or in the money received by him. DEFINE. To explain or state the exact meaning of words and phrases; to settle, make clear, establish boundaiies. "An examination of our Session Laws will show that acts have frequently been passed, the consti tutionality of which has never been questioned, where the powers and duties conferred could not be considered as merely explaining or making more clear those previously conferred or attempt ed to be, although the word * define' was used in the title. In legislation it is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in defining certain of fenses and providing punishment for the same, and thus enlarging and extending the scope of the criminal law. And it is properly used in the title where the object of the act is to determine or fix boundaries, more especially where a dispute has arisen concerning them. It is used between dif ferent governments, as to define the extent of a kingdom or country. " 36 Mich. 452. DEFINITION. A description of a thing by its properties; an explanation of the mean ing of a word or term. Webster. The pro cess of stating the exact meaning of a word by means of other words. Worcester. DEFINITIVE. That which finally and completely ends and settles a controversy. A definitive sentence or judgment is put in opposition to an interlocutory judgment. A distinction may be taken between a final and a definitive judgment The former term is appU cable when the judgment exhausts the powers of the particular court in which it is rendered; whil< the latter word designates a judgment that is above any review or contingency of reversal. 1 Cranoh 103.

DEFENSIVA. In old English law. A lord or earl of the marches, who was the warden and defender of his country. Cowell. DEFENSIVE ALLEGATION. In English ecclesiastical law. A species of pleading, where the defendant, instead of denying the plaintiff's charge upon oath, has any circumstances to offer in his defense. This entitles him, in his turn, to the plain tiff's answer upon oath, upon which he may proceed to proofs as well as his antagonist. 3 Bl. Comm. 100; 3 Steph. Comm. 720. DEFENSIVE WAR. A war in defense of, or for the protection of, national rights. It may be defensive in its principles, though offensive in its operations. 1 Kent, Comm. 50, note. DEFENSO. That part of any open field or place that was allotted for corn or h.iy, and upon which there was no common or feed ing, was anciently said to be in defenso; so of any meadow ground that was laid in for hay only. The same term was applied to a wood where part was inclosed or fenced, to secure the growth of the underwood from the injury of cattle. Cowell. DEFENSOR. In the civil law. A de fender; one who assumed the defense of another's case in court. Also an advocate. A tutor or curator. In canon law. The advocate or patron of a church. An officer who had charge of the temporalities ot the church. In old English law. A guardian, de fender, or protector. The defendant in an action. A person vouched in to warranty. DEFENSOR CIVITATIS. Lat. De fender or protector of a city or municipality. An officer under the Eoman empire, whose duty it was to protect the people against the injustice of the magistrates, the insolence of the subaltern officers, and the rapacity of the money-lenders. Schm. Civil Law, Introd. 16; Cod. 1, 55, 4. He had the powers of a judge, with jurisdiction of pecuniary causes to a limited amount, and the lighter species of offenses. Cod. 1, 55, 1; Nov. 15, c. 3, § 2; Id. c. 6, § 1. He had also the care of the public records, and powers similar to those of a notary in regard to the execution of wills and conveyances. DEFENSUM. An inclosure of land; any fenced ground. See DEFENSO. DEFERRED LIFE ANNUITIES. In English law. Annuities for the life of the

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